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July 10, 2012

Holiday Food Poisoning Claims

It’s a nightmare – you’ve gone abroad and ended up coming down with food poisoning! It can easily happen, especially in countries where hygiene standards are not as good as ours. On top of that, food and water compositions are different and that can have an effect on our digestive systems as well.

If you do come down with food poisoning on holiday, can you make a claim? It’s all circumstantial to be honest…

Firstly, food poisoning normally doesn’t last a long time. Most people will only suffer for just a few days. Whilst those few days are painful to cope with, making a claim with a lawyer can be difficult. Circumstance-wise, if you can prove the food poisoning was caused by a place you were saying at, for example, you have good prospects for a claim. But unless the claim is worth in excess of £1,000.00, a lawyer will struggle to act on a No Win, No Fee basis as £1,000.00 is the minimum amount that allows a solicitor to recover their legal fees from the other side. So, whilst you might have a good claim, it may be classed as a “small claims matter” which you would need to seek compensation through a small claims court in the majority of cases.
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July 09, 2012

Accidents in Theme Parks

Personally I love theme parks! It brings back fond memories of when I was a youngster, and I still enjoy the thrill of the fast roller coasters and thrill rides. Health and safety in a theme park is naturally a significantly important issue. Rides are tested and tried several times, and regularly inspected to make sure no harm can come to those using them.

There have been accidents in the past where harnesses have released riders, or where rides have become stuck for several hours in upside down position’s this sort of thing should (in theory) never happen; but when it does, you may have a claim for compensation.

Other than the rides breaking down or being faulty themselves, there could be other causes of injuries. You could trip over a hazard on the grounds of the ride, or get caught by a protrusion. Similar rules that apply to shops and supermarkets can apply to what is classed as the “premises” of the ride. As with safety inspections that should be constantly carried out by the ride owner to make sure the ride itself is safe, cleaning and maintenance needs to be carried out tom make sure there are no hazards that could harm people, or substances that could cause people to slip.
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July 06, 2012

Quinn Insurers Con Czech Labourer in to Signing Away His Right to Claim!

The antics insurers get up to when they want to save themselves some money can be unbelievable; and it’s even worse when people end up getting hurt! Here at The Injury Lawyers, we’ve heard it all:

  • My insurers say I can’t claim because I don’t have legal expenses insurance
  • My insurers say it’s a grey area for me to make a claim as a passenger in my husband’s car when  he is was at fault
  • My insurers told me a No Win, No Fee lawyer will charge me if I instruct them

ALL of the above is completely untrue (with the exception of the last one as I can’t speak for all lawyers out there…)
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July 06, 2012

Dog Bite Attacks

Dog bites are common in the UK. We actually get a lot of enquires from people who have been bitten or attached by dogs, but it can be somewhat of a grey area in law as to whether you can make a claim or not.

In principle you are entitled to make a claim if the owner has been negligent in failing to restrain the dog, or failing to adequately warn a person going on to their premises that a dog is present and may attack.  

The issue is more to do with the viability to claim – i.e. is there any way you can actually get any compensation from the owner. If they have insurance, then it makes the whole problem far simpler. Most pet insurance covers liability for negligence, so making a claim through the pet insurance is usually no problem. If the attack happened on the premises of the owner and you can prove that the owner should have done more to protect you from being bitten or attacked, there’s the potential to go through the house insurers.
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July 05, 2012

Inadequate Training Accidents

Training is important – without it, you wouldn’t really be able to know how to do certain things safely and correctly. In a workplace setting it is invaluable and it’s a requirement when it comes to anything that could cause you harm in the workplace.

Many of our own clients have had accidents at work because they have been poorly trained or not trained at all – you can make a claim for compensation if this has happened to you.

Don’t feel that it was your own fault because it was something you consider daft – if you didn’t know, you didn’t know; and if you’ve ended up injured, you should have known!
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July 05, 2012

Building Site Accidents

No-one would doubt that a building site is a dangerous place – and unfortunately with danger always comes the high possibility of injury. If you are brave enough to enter this ‘mechanical jungle’ it is imperative that both you and your employer take responsibility to ensure your workplace is as safe as possible. To not do so can easily result in serious injury and even fatalities.

Employees working on building sites are faced with a number of dangers, such as operating and working with heavy machinery, and a lot of manual handling, for example. It is because of these hazards that health and safety measures are extremely strict.

One of the common problems with any building site claim is discovering where the duty lies to prevent accidents. However, the key to this is merely determining who was in control?
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June 28, 2012

Sports Injury Claim

As it just so happens, not only have I been advising people about claims for compensation for many years now, but I am somewhat of an expert in sporting injuries myself. I sadly suffered one of the worst sporting injuries you can sustain in January this year (multi ligament ruptures in the knee resulting in nerve damage and needing an operation for multi ligament reconstruction surgery and a nerve graft), and the nightmare its put me through has been enough to know I’m not going to be playing football again anytime soon (if ever!)

The problem is that sporting injury claims are not easy to win. For a claim for compensation to be successful, two key ingredients need to be satisfied – there has to be negligence (i.e. someone at fault for what’s happened) and your injuries have to have been caused by the aforementioned fault.

Now, when you take part in sport, by law, you accept that there are risks involved. If you play football you accept that in a midair jump for the ball, you could hit an opposing player who is also jumping for the ball, and you can both end up falling awkwardly. You accept that you can be tackled and taken down, which can inherently cause injury through impact of the opposing player sweeping you from your feet. You accept that you can fall awkwardly as I did and rupture several vital ligaments in your knee and rupture a nerve as well, leaving you with potentially permanent damage.
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June 27, 2012

Bar, Pub and Nightclub Accidents

I’m going to start by probably pointing out the obvious here – accidents and incidents in bars, pubs and clubs are all too common. When there’s lots of alcohol, lots of excitement, and lots of people all crowded together, the potential for accidents is inevitable. The focus of this blog is going to be on accidents as oppose to incidents however; for more info on that, look up criminal injuries on our main blog page.

So, aside from the fact that lots of alcohol means lots of people with less balance and concentration jigging around the place, there are plenty of other obstacles and hazards that could cause you some serious damage.

Slips
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June 26, 2012

Criminal Injury Compensation Claims

I’d like to think that most of us get through life without any major incidents or bust ups. The problem is every town or city you go in can end up with you inadvertently being involved in trouble. You could be having a quiet drink with your mates on a Friday night and for some reason some societal scum decide they don’t like the cut of your jib – before you know it, you’ve been hit in the face, or seriously assaulted.

I’m lucky that I’ve never been involved in any serious trouble like this, but there are thousands of innocent victims out there who end up being caught in the wrong place at the wrong time and suffer injuries because of someone else’s neanderthalic behaviour. But the main question is, how do victims of assaults get any compensation for what’s happened?

Pursuing a claim against an individual is not really the easy way forward. They will probably not have any insurance to claim from, and probably won’t have the funds to compensate you – nor will they know how to deal with a claim against them. Ultimately, it’s not the most viable option; thankfully, there is an alternative.
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June 25, 2012

Post Traumatic Stress Compensation

Post Traumatic Stress Disorder (commonly abbreviated to PTSD) is a serious condition that can have a range of difficult affects on the sufferer. PTSD is a psychological condition that is often serious when formally diagnosed. In some ways it can be a bit of a step up from anxiety, and is often linked with conditions relating to depression.

It can be caused by a multitude of things, and it is recognised as an ‘injury’ that can be claimed for in a personal injury case. Normally the cause is related to a singular or series of events or occurrences that has some form of adverse psychological effect on you – for example, a near death experience, or witnessing a horrific and / or violent incident.

Being involved in an accident itself when severe enough can leave you suffering from PTSD – being hit by a lorry on a motorway, causing your car to spin out of control and flip several times could easily cause it. For those brief seconds that feel like years as everything falls in to slow motion, you convince yourself you are going to die, and panic sets in…
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